J-1 Au Pair Marriage

[Ethan&Simone 0]

Hello Visa Journey,

 

I've been reading almost every topic I can on here for the last couple of weeks trying to find every bit of information I can pertaining to J-1 Visa holders and marriage to an Active Duty military member. To my surpirse, there's more out there than I expected. However, I do still have a couple of questions and I'm hoping that they can get answered here within the next few days. Where to start...

 

My girlfriend, from South Africa, and I have been together for a year now. She came in the country on a J-1 Au Pair visa without the 2 year requirement. Her visa just expired, and she's currently in here grace period until October 15. We've been talking about getting married for a little bit now but more serious lately, without consideration of her visa. Back in may, she filed for a transfer to an F-1 Student visa because she wanted to go back to school. She recieved her receipt on it and frequently checks the status but has yet to receive anything else.

 

I understand the following forms need to be filed in the case that we do get married: I-130, I-130A, (2) G-325A, I-864, I-485, I-765, I-693, I-131. <-- Do correct me if any of these are wrong. I've looked up the checklist on here and other sites trying to cross-reference everything I can so I don't get it wrong. Filing the I-131 because in April 2018, she plans to go back home to attend a brother's wedding and then return back to the US. This is where my main concern lies. I understand that while her visa has expired, if we get married and apply for an AOS, that time where she stayed is null so far as she remains within the US for the I-485. The fact that she would be leaving, would the week/month she was in her grace period be considedered an "out-of-status" or "unlawful stay"? I understand the 180/360 day rule and it only triggers after they depart, but I also understand that an I-131 does not guarantee reentry.

I guess my main question is this (sorry for the confusion, my head is all over the place trying to figure this out):

09/15/17: Visa Expires (10/15/17 - Expected departure date)

09/15/17-10/15/17: Get married and start AOS application (forms mostly already filled out today, but just getting the money orders and follow-on documents)

Does the month window of her grace period classify as out of status and would it affect her reentry into the US if the Advance Parole is approved? We plan on filing everything together to ensure it all gets there. I would be traveling with her to her brother's wedding if that changes anything also? 

I just want to make sure that she'd be able to travel home with the I-131 and not have that week/month affect her reentry.

 

We will be talking to the JAGs at base legal on Monday and ultimately the USCIS branch in Virginia Beach on Monday as well, but I just want to calm my nerves and get everything set-up with no issues. 

 

Thank you for your time,

Ethan

 

Edited September 17, 2017 by EthanB

[geowrian 22,335]

29 minutes ago, EthanB said:

I understand the following forms need to be filed in the case that we do get married: I-130, I-130A, (2) G-325A, I-864, I-485, I-765, I-693, I-131. <-- Do correct me if any of these are wrong. I've looked up the checklist on here and other sites trying to cross-reference everything I can so I don't get it wrong.

The G-325As are no longer needed. Their contents are now built into the I-130 and I-130A (Edit: and I-485).

I-131 and I-765 are optional but recommended (AP + EAD)

G-1145 is suggested as well to get electronic notification of acceptance of the packets.

 

Quote

Filing the I-131 because in April 2018, she plans to go back home to attend a brother's wedding and then return back to the US. This is where my main concern lies. I understand that while her visa has expired, if we get married and apply for an AOS, that time where she stayed is null so far as she remains within the US for the I-485. The fact that she would be leaving, would the week/month she was in her grace period be considedered an "out-of-status" or "unlawful stay"? I understand the 180/360 day rule and it only triggers after they depart, but I also understand that an I-131 does not guarantee reentry.

Leaving the US with an approved AP will not incur any bar and the past unlawful presence will not be considered upon re-entry with AP.

Nothing guarantees re-entry except being a USC.

 

Quote

I would be traveling with her to her brother's wedding if that changes anything also? 

No, it won't be considered.

 

Congrats!

Edited September 17, 2017 by geowrian

[Ethan&Simone 0]

@geowrian,

Thank you so much for the fast and informative response! Are there any other considerations I should worry about when filing or the timeline of things? I look at processing times all the time and just wonder if there will be any issues that I will run into. 

Also, does being active duty hold any benefits to the process as far as timeline or fees go? I read a couple things but most of what I read applied to those on the verge of being deployed and I'm not on cycle to deploy anytime soon so I wasn't sure if anything specific applied to us.

 

Thank you again, 

Ethan

[geowrian 22,335]

15 minutes ago, EthanB said:

Thank you so much for the fast and informative response! Are there any other considerations I should worry about when filing or the timeline of things? I look at processing times all the time and just wonder if there will be any issues that I will run into. 

Also, does being active duty hold any benefits to the process as far as timeline or fees go? I read a couple things but most of what I read applied to those on the verge of being deployed and I'm not on cycle to deploy anytime soon so I wasn't sure if anything specific applied to us.

Nothing jumps to mind off-hand, albeit there's not much to go on. Do you have any red flags?

Timelines:

• I-130+ I-485: 4-12+ months (9+ months average)
• I-131: ~4+ months
• I-765: ~4+ months

Being on active duty means 1) you only need to meet 100% of the financial requirements for the I-864, and 2) if you have orders to move/deploy, then that can be a basis to expedite. beyond that, I'll defer to the more experienced members that deal with military-specific issues.

 

Edit: And she should probably attach evidence that she does not have the 2YHRR requirement (DS-2019 has this).

Edited September 17, 2017 by geowrian

[Ethan&Simone 0]

1 minute ago, geowrian said:

Nothing jumps to mind off-hand, albeit there's not much to go on. Do you have any red flags?

Timelines:

• I-130+ I-485: 4-12+ months (9+ months average)
• I-131: ~4+ months
• I-765: ~4+ months

Being on active duty means 1) you only need to meet 100% of the financial requirements for the I-864, and 2) if you have orders to move/deploy, then that can be a basis to expedite. beyond that, I'll defer to the more experienced members that deal with military-specific issues.

Alright, and just to reitterate for my sanity, her overstay will hold no value when it comes to the Advance Parole or anything else for that sake? And what do you mean by red flags? As far as what?

Again, thanks for such a quick response.

[geowrian 22,335]

16 minutes ago, EthanB said:

Alright, and just to reitterate for my sanity, her overstay will hold no value when it comes to the Advance Parole or anything else for that sake? And what do you mean by red flags? As far as what?

Correct. As the immediate relative of a USC, unlawful presence doesn't impact AOS or AP. Even then, once you file for AOS, she enters a period of authorized stay while it is pending.

 

Red flags are things that may be considered out of the cultural norm for a relationship/marriage...large age gaps, different religions, past divorces, being petitioned by somebody in the past, petitioning for somebody in the past, getting married on the first visit, not sharing a common language, etc.

Edited September 17, 2017 by geowrian

[Ethan&Simone 0]

Just now, geowrian said:

Red flags are things that may be considered out of the cultural norm for a relationship/marriage...large age gaps, different religions, past divorces, getting married on the first visit, not sharing a common language, etc.

Ah, okay I see. I have a past divorce but it wasn't anything abnormal, USC/USC. I have all of the appropriate paperwork for it and have it ready to file with the rest. 

[geowrian 22,335]

Just now, EthanB said:

Ah, okay I see. I have a past divorce but it wasn't anything abnormal, USC/USC. I have all of the appropriate paperwork for it and have it ready to file with the rest. 

Then you should be fine. Good luck!

[Ethan&Simone 0]

8 minutes ago, geowrian said:

Then you should be fine. Good luck!

Thank you! Such a great help.